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Proposed Demolition Delay with changes

Code of the Town of Old Saybrook, Connecticut
[Date]
Simplified Model
Revised January 23, 2017

Chapter [n]: Buildings - Delay of Demolition

Sec.[n]-1. Title and Purpose
        
This chapter shall be known as An Ordinance to Encourage the Preservation of Architecturally and Historically Significant Buildings by Delay of Demolition.
This chapter is duly enacted by the Town in order to 1) preserve and protect significant buildings and structures within the town which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the town, and 2) to limit the detrimental effect on community character and heritage that may result from the demolition of such buildings and structures.
Connecticut General Statutes Section 29-406 authorizes municipalities to approve a waiting period before granting any permit for the demolition of any building, structure, or part thereof.  Under this chapter, the Town shall impose a waiting period of one hundred and twenty (120) days before granting a permit for the demolition of any building or structure that is designated as a significant building according to the definitions in Section 3 (below).  
By this chapter, town residents are alerted to the anticipated demolition of significant buildings or structures and the owners of such buildings or structures are encouraged to consider preservation, restoration, rehabilitation or relocation as alternatives to demolition.  


Sec. [n]-2. Intention and Limitations
        
This chapter shall not be construed to prevent the ordinary maintenance or repair of any exterior architectural features; nor shall it prevent the erection, alteration or removal of any such feature which the Building Official certifies is required by the public safety because of a condition which is unsafe or dangerous due to deterioration.
This chapter shall not apply to applications for demolition due to a threat to public health or to emergency demolition orders issued by the Building Official due to a threat to public safety.
        
Sec. [n]-3. Definitions
        
APPLICANT – Any person or entity who files an application with the Town for a demolition permit.  If the applicant is not the owner of the premises upon which the building or structure is situated, the owner’s consent or endorsement of the proposed application must be provided on the permit application.
APPLICATION – A written request to the Town in an authorized format to issue a permit for the demolition of a building or structure.
BUILDING – Any combination of materials assembled by human intent to form a shelter for persons, animals or property. The term “building” includes the term “structure.”
BUILDING OFFICIAL – A person or persons hired or appointed by the Town to serve as the administrator of the Building Code, per Conn. Gen. Stats. Sections 29-260 and 29-404, or otherwise duly authorized to issue demolition permits.
DELAY – A period of one hundred and twenty (120) days imposed by the Town, during which the owner of a significant historic building or structure shall consider any viable alternatives to demolition, including preservation, restoration, rehabilitation, relocation or detailed recordation.  Any demolition application shall be deemed denied until the expiration of such period of time, except where modified in accordance with this chapter.  
DEMOLITION – The intentional act of substantially pulling down, destroying, dismantling, defacing, removing or razing a building or structure, or commencing the work of a total, substantial, or partial destruction with the intent of completing the same; also the act or process of delaying or withholding maintenance of a building or structure in such a way as to cause or allow significant damage to occur which may result in a public hazard or nuisance, or the gradual deterioration of the building to the point that it is no longer practical to preserve, restore, or otherwise rehabilitate it.  In addition to complete demolition of a building or structure, the following actions shall require a demolition permit under this chapter:
  • Removal of a roof for the purpose of: changing the overall height of a roof; rebuilding the roof to a different pitch; or altering the stories of a building.
  • Removal of one or more exterior wall(s) facing a street or removal of two or more exterior walls from any other portion of the building/structure regardless of location.
  • Gutting of a building’s interior to the point where exterior features (windows, doors, etc.) are impacted.
  • Removal of more than 25% of a structure’s overall gross square footage as determined by the Building Official.
  • The lifting and relocating of a building on its existing site or location or to another site or location, except for the lifting of a building in its current location for purposes of achieving compliance with Flood Zone requirements
  • The delay or withholding of maintenance on a building or structure in such a way as to cause or allow a significant loss of architectural integrity or structural stability, or to otherwise render a building impractical to preserve, restore, or otherwise rehabilitate it.
DEMOLITION PERMIT – The town permit issued by the Building Official authorizing the full or partial demolition of an existing building or structure, excepting for this chapter only any permit issued solely for the demolition or removal of interior features with no effect on the exterior appearance of the building or structure.
HISTORIC REVIEW COMMITTEE - A committee consisting of the First Selectman or his/her designee, who shall chair the committee; the Chairman of the Historic District Commission or his/her designee and the Chairman of the Architectural Review Board, or his/her designee; and, as non-voting, ex officio members, the Town Planner or his/her designee; the Building Official or his/her designee and the President of the Old Saybrook Historical Society or his/her designee.
SIGNIFICANT BUILDING – Any building or structure within the municipal boundaries which, in whole or in part, is known or presumed to be at least seventy-five (75) years old or has been listed on any of the following:
  • The building or structure is listed on the State or National Register of Historic Places, or is partially or completely within the boundaries of an area so listed; or
  • The building or structure has been determined by the State Historic Preservation Office and/or the National Park Service to be eligible for listing on the State or National Register of Historic Places.
    STRUCTURE – Any combination of materials assembled by human intent to shelter property or activities; or to mark and delineate boundaries or limits of use; or to facilitate transportation, communication, manufacturing or commerce; or to provide for the defense and protection of people or property.

Sec. [n]-4. Permit Required     
No person, firm, corporation, or other entity shall demolish any building, structure, or part thereof without obtaining a permit from the Building Official.
The Building Official shall not issue a demolition permit for a significant building except as provided in this chapter.  If the age of the building or structure is unknown, not indicated, or in dispute, the Building Official shall have the discretion to review the available information and make a final determination if a building is or is not at least seventy-five (75) years old for the purpose of this chapter.

Sec. [n]-5. Application Contents        
Any person wishing to obtain a permit to demolish a significant building , in whole or in part, shall file an application verified under oath in the office of the Town Building Official on a form approved by the Town Building Official, which application shall include the following:
  • The common name, if any, and actual street address of the building or structure to be demolished;
  • The name, address and telephone number of the owner(s) of the building or structure to be demolished;
  • The age of the building or structure to be demolished;
  • The square footage or dimensions of the building or structure to be demolished;
  • A brief description of the materials, configuration and use of the existing building or structure;
  • One or more recent photographs of the building or structure showing at least two elevations;
  • The reason for requesting a demolition permit; and
  • A brief description of the proposed reuse, reconstruction or replacement for the existing building.  
Sec. [n]-6. NOTICE REQUIREMENTS 
The Building Official shall not issue any demolition permit for any significant building in the town except under the provisions outlined in this chapter.  Upon the filing of an application for demolition for any significant building the Building Official shall take the following actions (“Notice Requirements”):
  • The Building Official shall direct the applicant to publish in a local newspaper having substantial circulation in the Town a legal notice entitled a “Notice of Intent to Demolish” which shall include:
  • Notice that an application has been filed for a demolition permit;
  • The common name and actual street address of the building or structure to be demolished;
  • The name and address of the owner(s) of the building or structure to be demolished;
  • The age of the building or structure to be demolished; and
  • Notice that the building or structure is significant and therefore subject to a demolition delay for a specified period of time.
Revised A:
The Building Official shall post the following notice on the Town website:
Notice
Town of Old Saybrook
Building Department
Notice is hereby given that on (insert date), the Town of Old Saybrook Building Department received a Notice of Intent to Demolish (property address, assessor’s map and lot number #, a description of the building and the estimated age of the construction of the building to be demolished). A copy of the above Notice of Intent to Demolish is on file in the Old Saybrook Building Department and is available for public review Monday through Friday between the hours of 8:30 a.m. and 4:30 p.m. Unless written objection signed by the person objecting is filed with the Building Official within 21 days of notice requirements having been completed, the delay in issuing the demolition permit shall be terminated and the Building Official shall be entitled to issue the demolition permit in accordance with the requirements of State Demolition Code. In the event the 21st day after the posting of this notice is a day the Building Office is closed, the deadline for the filing of the objection shall be extended to the next day that the Building Office is open.

  • The Applicant shall mail copies of the “Notice of Intent to Demolish” by Certified Mail with Return Receipt to the Old Saybrook Historical Society, the Old Saybrook Historic District Commission, the Town Historian, the Town Planner , and to any person, organization, firm, corporation, or other entity who has requested, in writing, from the Building Official copies of any such notices filed pursuant to this chapter.  The Building Official shall maintain the list of those requesting to be so notified, and shall delete from the list those who do not annually renew in January, in writing, the request to be notified. The notice to the Town Planner need not be by Certified Mail but may instead be delivered to the Town Planner’s office the notice to the Town Historian may be delivered to the First Selectman’s office; and
Revised B:
  •         The Building Official shall within 7 days of receiving the Notice of Intent to Demolish notify by email the Old Saybrook Historical Society, the Old Saybrook Historic District Commission, The Town Historian, the Town Planner and to any person, organization, firm, corporation or other entity who has requested, in writing, from the Building Official copies of any such notices filed pursuant to this chapter.  Sending of the email to the email address provided by the recipient, with a delivery and/or read receipt, is deemed to constitute receipt. The Building Official shall maintain the list of those requesting to be so notified, and shall delete from the list those who do not annually renew in January, in writing, the request to be notified, and
 .

ORIGINAL C:     The Building Official shall require the applicant to post a sign in a conspicuous location of the property on which the structure is situated. The sign shall be at least 36” by 48” in size visible from the nearest public street. Such sign shall include a copy of the “Notice of Intent to Demolish” and shall contain the word “DEMOLITION” in capital letters no less than three inches in height.  If there is more than one structure or building proposed for demolition, one sign shall be posted in respect to each structure. All signs required hereunder shall remain posted on the property, if the permit is issued, until the completion of all demolition activities authorized by the permit.

Revised C   

The Building Official shall require the applicant to post a sign in a conspicuous location of the property on which the structure is situated. The sign shall be at least 36” x 48” in size visible from the nearest public street. Such sign shall include a copy of the “Notice of Intent to Demolish” and shall contain the word “DEMOLITION” in capital letters no less than three inches in height.  If there is more than one structure or building proposed for demolition, one sign shall be posted in respect to each structure. All signs required hereunder shall remain posted on the property, if the permit is issued, until the completion of all demolition activities authorized by the permit. The Building Official shall have standard signs available in his office for use by the applicant.


  • The Building Official shall not issue a demolition permit until the expiration of 120 days, unless such period is modified in accordance with this chapter.
  • The one hundred and twenty (120) day waiting period will not begin until the Building Official has been provided with proof by the Applicant of the sign being posted, and all Notice Requirements as outlined in A, B and C have been satisfied.  
  • If a written objection to the demolition permit is received by the Building Official within twenty-one (21) days after receipt of proof of the sign being posted and all required legal notices have been mailed and published after the Notice Requirements have been satisfied, then the demolition permit shall be referred to the Historic Review Committee. The First Selectman or his/her designee shall convene a meeting of the Committee within ten (10) business days of receipt of the objection, and shall provide notice of such meeting to the applicant and the party making objection to the demolition permit, both of whom shall have the right to appear and be heard in person or by a representative at the meeting of such Committee.  The Committee may, at its discretion, hear from other interested persons. The Historic Review Committee shall issue a decision no later than 35 days following the conclusion of the hearing.
  • The Historic Review Committee may, by majority vote, terminate the delay prior to its expiration as described in this chapter, or may continue the delay for the full period set forth in this chapter, in its sole discretion.
  • A quorum of the Historic Review Committee shall be two (2) members.
  • If no written objection to the demolition permit is received by the Building Official within twenty-one (21) days after the Notice Requirements have been satisfied, receipt of proof of the sign being posted and all required legal notices have been mailed and published, then the demolition permit may be issued by the Building Official without further delay except as provided in Section [n]-8 below.
Sec. [n] – 7.  Emergency Demolition
        If after a thorough inspection, the Building Official finds that a building or structure subject to this chapter poses an immediate threat to public health or safety due to its deteriorated condition and that there are no reasonable alternatives to the immediate demolition of the building or structure, then the Building Official may issue an emergency demolition permit to the owner of the building or structure.  The Building Official shall then submit a written report to the Historic Review Committee detailing the condition of the building or structure and the basis for the Building Official’s decision.



Sec. [n]-8. Issuance of Permit
        During the demolition delay period, and until the granting of other approvals per this Section [n]-8, the owner of a significant  building shall pursue and give due consideration to all possible alternatives to demolition, including preservation, restoration, rehabilitation, relocation, or detailed recordation of the affected building or structure.  In order to avoid or mitigate the anticipated effects of demolition, the owner shall make a good faith effort to accommodate reasonable requests from any interested parties for information about or access to the building or structure for the purpose of evaluating alternatives to demolition.
No permit for demolition of a significant building shall be issued by the Building Official until any plans for future use and development of the site have been approved by all applicable municipal land use agencies and a Certificate of Zoning Compliance has been filed with the Building Official and such plans have been found to comply with all laws pertaining to the issuance of a building permit or if a parking lot, a building permit for the site which is to be served by such parking lot.  
All approvals necessary for the issuance of such building permit or certificate of occupancy, including without limitation any necessary zoning variances or special permits and Health District approvals, must have been granted and all appeals from the granting of such approvals must have been concluded prior to the issuance of a demolition permit for a significant  building  under this chapter.
If no viable alternatives to demolition are identified and accepted by the owner before the expiration of the demolition delay period, the Building Official may proceed to act on the permit application.
Nothing in this ordinance shall be construed as satisfying any other demolition requirements or permits, which the Building Official may regularly impose on non-historic buildings or structures.  

Sec. [n]-9. Period of Permit Validity   
Any permit issued pursuant to this chapter shall be valid for a period of one hundred and eighty days (180) from the date of issuance, provided however that the Building Official may extend such permit for an additional one hundred and eighty day (180) period.  If the demolition contemplated by said permit has not commenced within said one hundred and eighty day (180) period or extension thereof, then the owner of such building or structure shall be required to apply for a new permit and satisfy all notification requirements of this chapter should said owner wish to demolish said building or structure.

Sec. [n]-10. Fees and Costs for Demolition Permits
All costs related to Notice Requirements shall be collected prior to issuance of a demolition permit and shall be borne by the Applicant.
No demolition permit, building permit or certificate of occupancy shall be issued for the subject premises until all required fees and costs have been paid.

Sec. [n]-11. Violations and Penalties   
The Building Official is specifically authorized to institute any and all actions or proceedings, in law or in equity, in the name of the Town of Old Saybrook, as they may deem necessary and appropriate to obtain compliance with the requirements of this chapter or to prevent a threatened violation thereof.
During the application processing period and during the demolition delay period, if applicable, the owner shall adequately maintain and protect the building or structure in order to prevent any further deterioration.  Failure to do so shall be considered demolition by neglect and may be subject to penalties as provided herein.
In the case of full or partial demolition of any building or structure in the absence of or in advance of a demolition permit under this chapter, the Building Official shall impose a two-year restriction on the property during which no earthwork, landscaping, construction or further demolition may take place on the subject property or on any adjoining parcels under common ownership and control without the review and approval by the Building Official.  The restriction may only be lifted by written notice of the Building Official, or upon compliance with the procedures of this chapter and issuance of a demolition permit by the Building Official.
Any persons failing to abide by the provisions of this chapter or Connecticut General Statutes Sections 29-401 through 29-415 shall be fined $1,000 or imprisoned not more than six months, or both, per day, as each day constitutes a separate violation, pursuant to Connecticut General Statutes Section 29-254a. All fines imposed shall be collected and made payable to the Town of Old Saybrook.

Sec. [n]-12.  Administration
        The Building Official may adopt such rules and regulations as are necessary to administer the terms of this chapter.
The Board of Selectman, upon recommendation of the Building Official shall have authority to adopt a schedule of reasonable fees to cover the costs of administration of this chapter.
Any decision of the Building Official may be appealed as provided by applicable law.  

Sec. [n]-12. Severability
        In case any section, paragraph or part of this ordinance shall for any reason be declared invalid or unconstitutional by any court, every other section, paragraph and part shall remain in full force and effect.